Author
The conclusion of marriage by foreigners in the territory of the Slovak Republic is governed by Act No. 154/1994 Coll. on Registries. This procedure also applies to asylum applicants and beneficiaries of international protection.
Prior to entering marriage in Slovakia, a foreign national is required to submit the following documents to the registry office at least 14 days before the marriage ceremony:
- a birth certificate,
- proof of marital status not older than six months,
- proof of permanent residence,
- proof of citizenship,
- proof of citizenship – valid passport
- death certificate of a deceased spouse – if the foreigner is widowed,
- divorce decree – if the foreigner is divorced; and
- an ID/passport.[1]
Where obtaining these documents is associated with obstacles that are difficult to overcome, the fiancé(e) may apply for a waiver of the obligation to submit them. In particular, beneficiaries of international protection often do not possess all the required documents from their country of origin. The application must be submitted in writing, personally filed and signed by the fiancé(e), and must contain detailed reasoning. The registry office is required to forward the application, together with its detailed opinion, to the District Office within five days of receipt. The district office must decide on the request within five days of its receipt, and the registry office is bound by that decision.[2]
Furthermore, pursuant to Article 7 of the Family Act, where the life of one of the fiancés is directly endangered, the submission of the legally required documents is not necessary. In such cases, the fiancés must jointly declare that they are unaware of any circumstances preventing the conclusion of marriage.
HRL identified a problem in cases where an asylum applicant wished to marry in Slovakia. The competent registry office refused to perform the marriage ceremony because the asylum applicant was unable to present their passport, which had been retained upon lodging the asylum application. The competent authorities did not allow the applicant to temporarily access the passport for the purpose of marriage, while the registry office was unwilling to proceed with the waiver procedure under Article 6(6) of the Family Act.
[1] Article 28 of the Act No. 154/1994 Coll. on Registries.
[2] Article 6(6) of the Family Act.